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Ä¢¹½ÊÓƵAT considered Mrs Sidell¡¯s two Applications, one for correction and the other for interpretation of the judgment. With respect to the Application for correction, Ä¢¹½ÊÓƵAT held that there were no clerical or arithmetical mistakes in the relevant paragraphs and that Mrs Sidell merely disagreed with the referenced portions of the judgment. With respect to the Application for interpretation, Ä¢¹½ÊÓƵAT held that the referenced paragraphs were clear in meaning on the face of the record and did not need any interpretation. Ä¢¹½ÊÓƵAT denied both Applications.

Ä¢¹½ÊÓƵAT acknowledged that while the Appellant was eligible for a permanent appointment, the Administration was entitled to have regard to the fact that she was recruited because she was a national of Romania for the specific post in Ä¢¹½ÊÓƵIC Bucharest. Ä¢¹½ÊÓƵAT noted that both the Department of Public Information and the Officer-in-Charge of Human Resources Services previously anticipated that Ä¢¹½ÊÓƵIC Bucharest, among others, was scheduled to close in the very near future, due to the uncertainty of the funding by the host country, on which the continuation of the Appellant¡¯s post depended. Ä¢¹½ÊÓƵAT noted that...

The Secretary-General appealed Ä¢¹½ÊÓƵDT¡¯s decision to admit to judicial review Ms Al-Badri's challenge against the decision to abolish her post in Amman and to create a new post at the same level in Baghdad. Ä¢¹½ÊÓƵAT only considered the receivability of this appeal. Ä¢¹½ÊÓƵAT held that alleged excess of jurisdiction or competence on the part of Ä¢¹½ÊÓƵDT, so as to admit an appeal of an interlocutory order or judgment, must be clear or manifest. Ä¢¹½ÊÓƵAT recalled its jurisprudence that the general principle underlying the right of appeal set out in Article 2(1) of the Ä¢¹½ÊÓƵAT Statute is that only final judgments of...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal of judgment on Receivability No. Ä¢¹½ÊÓƵDT/2013/061 and of judgment on the Merits No. Ä¢¹½ÊÓƵDT/2013/101. Ä¢¹½ÊÓƵAT held that the appeal of the judgment on Receivability was timely. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred in finding that Mr Ngokeng¡¯s satisfactory appraisal constituted an appealable administrative decision, as there was no evidence of any adverse administrative decision stemming from Mr Ngokeng¡¯s performance appraisal. Ä¢¹½ÊÓƵAT specifically noted that the First Reporting Officer¡¯s comment on Mr Ngokeng¡¯s output did not detract from the overall satisfactory...

Ä¢¹½ÊÓƵAT considered the Commissioner-General¡¯s appeal, which alleged that Ä¢¹½ÊÓƵRWA DT erred in finding that the Ä¢¹½ÊÓƵRWA Administration¡¯s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. Ä¢¹½ÊÓƵAT found that it was both logical and reasonable to expect the Ä¢¹½ÊÓƵRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. Ä¢¹½ÊÓƵAT noted that, even though Mr Hamayel had...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Mr Terragnolo¡¯s cross-appeal, noting that only the compensation awarded by Ä¢¹½ÊÓƵDT was being contested. With respect to the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. Ä¢¹½ÊÓƵAT noted that the impugned judgment followed Ä¢¹½ÊÓƵAT¡¯s jurisprudence, but Ä¢¹½ÊÓƵDT¡¯s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. Ä¢¹½ÊÓƵAT held that due...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal regarding the judgment on Receivability (Ä¢¹½ÊÓƵDT/2011/063) and the judgment on the Merits (Ä¢¹½ÊÓƵDT/2010/085). As a preliminary matter, Ä¢¹½ÊÓƵAT denied Ms Hunt-Matthews' request for an oral hearing. Ä¢¹½ÊÓƵAT noted that the Secretary-General may properly appeal the judgment on Receivability as part of the judgment on the Merits and that it was timely. Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT should have received Ms Hunt-Matthes¡¯ application and found that it was not receivable ratione materiae. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred when it determined that Ms Hunt-Matthes¡¯ claims of...

Ä¢¹½ÊÓƵAT preliminarily denied the Appellant¡¯s motion to submit an amicus curiae brief. On the merits, Ä¢¹½ÊÓƵAT noted that the Board of Examiners found the Appellant to be one of 68 applicants who, although meeting the minimum requirements, were not deemed the most qualified and therefore not convoked to the examination. Ä¢¹½ÊÓƵAT held that the appeal did not identify any errors in the reasoning of Ä¢¹½ÊÓƵDT and found no basis for disagreeing with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. Ä¢¹½ÊÓƵAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. Ä¢¹½ÊÓƵAT also noted that Mr Bali was encouraged by the Office of Human Resources Management¡¯s (OHRM) advocacy and information...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal regarding whether Ä¢¹½ÊÓƵDT erred in ordering both an extension of Mr Sannoh¡¯s appointment and payment of a termination indemnity. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member¡¯s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...